In re Angwafo

899 N.E.2d 778, 453 Mass. 28, 2009 Mass. LEXIS 7
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 9, 2009
StatusPublished
Cited by5 cases

This text of 899 N.E.2d 778 (In re Angwafo) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Angwafo, 899 N.E.2d 778, 453 Mass. 28, 2009 Mass. LEXIS 7 (Mass. 2009).

Opinion

Spina, J.

Bar counsel filed a petition for discipline alleging that Stella B. Angwafo, the respondent, intentionally misrepresented the amount of her assets on her personal financial statement filed in the Probate and Family Court, and that she inten[29]*29tionally misrepresented her marital status in a motion for child support and continued health insurance coverage for her child and herself. After an evidentiary hearing, a special hearing officer found that the respondent made intentional misrepresentations to the Probate and Family Court by (1) misrepresenting on her financial statement that she had no bank accounts when in fact she did; and (2) misrepresenting in a motion for child support and continued health insurance coverage that she was married when in fact she was not. The special hearing officer found, in mitigation, that at the time the respondent misrepresented her assets she experienced fear and stress as a result of domestic abuse. He recommended that she be suspended from the practice of law for two months.

The respondent appealed to the Board of Bar Overseers (board). The board adopted the special hearing officer’s findings of fact and conclusions of law, but concluded the special hearing officer had “vastly understate^]” the type of stress experienced by the respondent at the time she completed the financial statement in question. The special hearing officer had compared it to the stress of practicing law. The board noted that the stress associated with the practice of law is “typical,” and entitled to little weight in the determination of a sanction, see Matter of Alter, 389 Mass. 153, 156-157 (1983), but concluded that there was nothing “typical” about the fear and stress felt by the respondent. When she filled out her financial statement the respondent was sitting beside the man who was the father of her three year old son and who recently had driven his Toyota Land Cruiser into the driver’s side of her Toyota Camry sedan while she and her son were inside. The board assessed her fear as “understandable terror,” “transcending] ‘typical’ mitigation,” and recommended a public reprimand.

1. Facts. The board found the following facts, which we supplement with undisputed evidence in the record. See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), and cases cited.

The respondent was born in Cameroon in 1966. She came to the United States in 1987 and attended Texas Southern University on a student visa. She earned her bachelor’s degree in 1990 and a master’s degree in 1992, both at Texas Southern University. While she was a student, she met Anthony Dwayne Solomon, [30]*30whom she married in 1991. Solomon, a United States citizen, successfully filed a petition for an alien relative (green card) on her behalf. They separated in 1993.

In 1994, the respondent met George Taboh, who also was from Cameroon. They began a relationship that led to his proposal of marriage. He asked her to come to Massachusetts and live with him. She acceded to his request on condition that they go through a tribal rite of marriage in Cameroon. The tribal rite was performed in Cameroon in April, 1995. They lived together thereafter in Framingham. She filed for divorce from Anthony Solomon in January, 1998. The divorce became final on July 15, 1998.

Friction between Taboh and the respondent developed early. She was pursuing a law degree, and he wanted her to stay home and have children. He was physically and emotionally abusive toward her. She agreed to become pregnant in hope that his abuse would end. While she was pregnant, she was diagnosed with a brain tumor. The beatings persisted, and his girl friends would telephone the house late at night. She left law school in the spring of 1998 to give birth to her son, who was born in April. She returned to law school that fall, and earned her degree in December, 1998. The respondent became a member of the bar on December 13, 1999, and began a solo practice of law in early 2000. At about the same time she opened her own agency for temporary employees. Approximately ninety per cent of her law practice has been criminal defense work and the balance has been general, including some domestic relations cases.

In May, 2001, Taboh went to Cameroon to attend the funeral of his brother. The respondent moved out of their apartment while he was away. She did not want him to know where she lived. When he returned, he was upset to find her and their son gone. On June 13, after she picked up their son from day care, he followed her to discover where she was living. He drove his vehicle into her car while she and her son were inside. He was arrested and charged with two counts of assault and battery by means of a dangerous weapon and one count of negligent operation of a motor vehicle. Police advised her to apply for a protective order. Taboh subsequently admitted to sufficient facts to warrant a finding of guilty.

[31]*31On June 19, 2001, the respondent executed a home construction agreement toward which she had paid a $2,000 deposit on April 21. At the time of signing she paid a further deposit of $14,635 toward the purchase price of $332,702. On July 9, she applied for a mortgage, reporting that she was unmarried,1 that her gross income was $14,598 a month, and that her assets consisted of three specific bank accounts totalling $48,000 and a car worth $3,500. The application was prepared by a mortgage broker based on documents and information provided by the respondent, and it contained a certification by the respondent that the facts offered in support of the application were true.

On July 13, 2001, the respondent applied for and received from the Probate and Family Court an ex parte temporary protective order under G. L. c. 209A against George Taboh. She reported in the complaint that she and Taboh were married, and that they had a child. The respondent requested temporary custody of their child, which she also received, and an order for support for the child, which she did not receive. She did not request support for herself. The case was continued to July 27 for a hearing to determine whether the orders should be extended.

On July 27, 2001, George Taboh appeared in court. On that day a family service officer asked both the respondent and Taboh to complete financial statement forms for the judge’s consideration of the question of child support. That was the first time the respondent had seen Taboh since he assaulted her with his car on June 13. She tried to avoid him, but the family service officer directed them to the same area to complete the forms. The respondent sat about five feet away from Taboh as they prepared their respective financial statements. She was very nervous and fearful of Taboh.

Specific instructions at the beginning of the form state: “All questions on both sides of this form must be answered in full or the word ‘none’ inserted.” The respondent had not gone to court expecting to file a financial statement and she did not have any documentation with necessary information. The respondent placed an estimated number, or a zero, on nearly every line of the form. [32]*32Relevant to this appeal, she reported that her gross and net weekly income was $6002 3; she placed nothing on line 10(e), which requested information as to “Savings & Checking Accounts, Money Market Accounts, and CDs”3; and she reported that her car was worth $2,000 (her July 9 mortgage application listed the car as having a value of $3,500).

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Bluebook (online)
899 N.E.2d 778, 453 Mass. 28, 2009 Mass. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-angwafo-mass-2009.